Membership Agreement

Operational membership obligations and service boundaries.

Version: 1.0 · Effective Date: 2026-04-18

This Membership Agreement is between Evident Technologies LLC (Evident) and the member organization or individual identified at signup (Member).

By creating or using a membership account, Member agrees to this Agreement, the platform Terms, Privacy Policy, and incorporated policies and schedules.

1. Scope and service model

  1. Evident provides technical software services for evidence intake, hashing, organization, processing, analysis assistance, and export formatting support.
  2. Evident does not provide legal advice, legal representation, or law practice services.
  3. Membership grants access based on tier entitlements, feature gates, quotas, and seat limits.

2. Not legal advice and no attorney-client relationship

  1. Evident is not a law firm.
  2. Use of the platform does not create an attorney-client relationship between Evident and Member.
  3. Platform outputs, including AI-assisted summaries or analysis, are informational technical outputs. AI-generated or AI-assisted outputs: (a) are generated by automated software processing from user-provided inputs; (b) may be incomplete, inaccurate, outdated, jurisdictionally inappropriate, or unsuitable for any particular matter; (c) are drafts and analytical aids only; (d) must be independently reviewed and verified before use. You should not rely on any AI output as final legal work product without independent attorney review.
  4. Member and its counsel remain solely responsible for legal strategy, legal conclusions, filings, admissibility arguments, and case outcomes.

3. Member account and seat administration

  1. Member must maintain accurate account information.
  2. Member is responsible for all activity under Member credentials and managed seats.
  3. Member must promptly disable compromised accounts and notify Evident of unauthorized use.
  4. Member is responsible for role assignment and least-privilege governance in its workspace.

4. Evidence ownership and platform ownership

  1. Member retains ownership of uploaded evidence and case content.
  2. Evident retains all ownership of software, systems, algorithms, workflows, UI, and related intellectual property.
  3. No transfer of platform IP is granted except limited use rights during paid subscription term.

5. Evidence integrity boundaries

  1. Evident maintains technical integrity controls, including hashing and append-only audit mechanisms.
  2. Evident does not warrant admissibility in any jurisdiction.
  3. Member is responsible for validating authenticity, completeness, and legal sufficiency before use in any proceeding.
  4. Member must preserve source materials and maintain independent legal workflow controls.

6. Device, endpoint, and access responsibilities

  1. Member is responsible for endpoint security, browser and device compatibility, patching, and malware controls.
  2. Evident is not responsible for losses arising from compromised user devices, weak credentials, or insecure local environments.
  3. Member must enforce MFA and credential hygiene for all personnel with access to case materials.

7. Storage, retention, and deletion

  1. Storage and retention windows are tier-based and governed by platform schedules.
  2. Evident may enforce quotas and archive or delete data according to published retention policy and contract terms.
  3. Member is responsible for backup and export practices required by its legal and business obligations.

8. Billing, renewals, and suspension

  1. Membership is subscription-based unless otherwise specified in writing.
  2. Fees, renewals, and overage rules follow active plan terms and the applicable order form.
  3. Evident may suspend access for non-payment, fraud risk, abuse, or security incidents.
  4. Suspension does not waive payment obligations accrued before suspension.

9. Acceptable use

  1. Member must comply with the Acceptable Use and Evidence Policy .
  2. Prohibited conduct includes unlawful access, forgery and fabrication, misuse of third-party rights, and prohibited content processing.
  3. Evident may remove, quarantine, or block content or access where reasonably required for security, legal compliance, or policy enforcement.

10. Warranties disclaimer

THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE. EVIDENT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT OUTPUTS ARE LEGALLY SUFFICIENT, ERROR-FREE, OR ADMISSIBLE.

11. Limitation of liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVIDENT WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL.
  2. EVIDENT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY MEMBER TO EVIDENT DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  3. The cap applies regardless of legal theory and even if a remedy fails of essential purpose.

12. Member indemnification

Member will defend, indemnify, and hold harmless Evident and its officers, directors, personnel, and affiliates from claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  1. Member content or processing instructions.
  2. Member's violation of law, third-party rights, or policy.
  3. Member's use of outputs for legal or strategic decisions without independent professional review.
  4. Endpoint and device security failures under Member control.

This section applies only to third-party claims and does not apply to the extent a claim is caused by Evident's gross negligence or willful misconduct.

13. Termination and post-termination handling

  1. Either party may terminate for material breach if not cured within thirty days after notice.
  2. Evident may terminate immediately for unlawful use, fraud, sanctions concerns, or security threats.
  3. On termination, access rights end; export and deletion are handled per retention terms and applicable law.

14. AI-assisted features

  1. Some Services use artificial intelligence or machine-learning models ("AI Features"). AI-generated or AI-assisted outputs: (a) are generated by automated software processing from user-provided inputs; (b) may be incomplete, inaccurate, outdated, jurisdictionally inappropriate, or unsuitable for any particular matter; (c) are drafts and analytical aids only; (d) must be independently reviewed and verified before use.
  2. Member should not rely on any AI output as final work product without independent attorney review. AI Features are tools to assist organization and drafting, not to replace professional judgment.
  3. Evident does not represent or warrant that AI outputs are complete, accurate, or suitable for Member's particular circumstances or jurisdiction.

15. Export manifests and technical verification limits

  1. Export manifests document technical processing performed by the Services, including file hashing, source-file inventory, software version, export timestamp, and processing parameters.
  2. An export manifest: (a) confirms only what the software technically verified; (b) does not certify truth, authenticity, admissibility, relevance, legal sufficiency, or legal effect; (c) does not constitute an expert opinion, forensic certification, or legal conclusion.
  3. Member is responsible for establishing admissibility, relevance, and evidentiary weight independently through appropriate legal processes.

16. Official-source verification

  1. Court rules, agency instructions, deadlines, forms, and filing requirements vary by jurisdiction and change over time.
  2. Evident may provide procedural workflow guidance and document-family recommendations. Such guidance is general procedural information, not legal advice.
  3. Member is responsible for verifying all procedural requirements, deadlines, and official forms against current official court, agency, or government sources before filing, service, or submission.
  4. Template metadata may include source verification dates and status indicators. When a template is marked UNVERIFIED, Member must independently verify the template against current official sources before use.

17. Dispute resolution

  1. Informal Resolution. Before initiating any formal proceeding, Member agrees to notify Evident in writing at [email protected] and attempt in good faith to resolve the dispute informally for at least 60 days.
  2. Arbitration. If informal resolution fails, any dispute arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in New Jersey or via videoconference at the Member's election.
  3. Small Claims Exception. Either party may bring a claim in small claims court in New Jersey instead of arbitration if the claim qualifies.
  4. Class Action Waiver. All claims must be brought in the parties' individual capacity. No class, collective, consolidated, or representative action is permitted unless otherwise prohibited by applicable law.
  5. Opt-Out. Member may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting this Agreement.
  6. Injunctive Relief. Nothing in this section prevents Evident from seeking injunctive relief in court for intellectual property infringement, platform security threats, or unauthorized access.
  7. Confidentiality. Arbitration proceedings and outcomes shall remain confidential to the extent permitted by law.

18. Acceptance and clickwrap acknowledgment

  1. This Agreement is accepted electronically through the platform signup flow. By checking the acceptance box and creating an account, Member acknowledges that Member has read, understood, and agrees to be bound by this Agreement.
  2. Member further acknowledges that: (a) Evident Technologies LLC is a technology company, not a law firm; (b) the Services are software tools, not legal advice; (c) Member is responsible for reviewing all outputs and obtaining independent legal review; (d) AI-generated outputs may be incomplete or incorrect.
  3. Electronic acceptance has the same legal effect as a handwritten signature. Evident logs acceptance with agreement version, timestamp, and member identifier for audit purposes.
  4. Evident retains the right to require explicit re-acceptance when this Agreement is materially revised.

19. Governing law and forum

This Agreement is governed by the laws of the State of New Jersey, excluding conflict-of-law rules. Venue for disputes is state or federal courts located in New Jersey unless superseded by an executed enterprise agreement.

20. Order of precedence

If conflict exists:

  1. Executed Order Form or enterprise amendment
  2. This Membership Agreement
  3. Incorporated policies and schedules
  4. Public website Terms of Service

21. Miscellaneous

  1. No waiver unless in writing.
  2. If any provision is unenforceable, remaining provisions remain in effect.
  3. This Agreement may be updated with prior notice of material changes. Where required by law, or where changes are materially adverse, Evident will request explicit acceptance before updated terms apply.

This agreement governs platform membership and operational obligations. It does not constitute legal advice.

Related agreements: Terms of Service · Privacy Policy · Acceptable Use Policy